Exam 22: Interests in Land
Brady acquired a block of land in fee simple under a Crown Patent. He divided the block into two parcels: Whiteacre and Blackacre. He kept Whiteacre, but granted Blackacre to Drucker for life, then to Evans. Brady died possessed of Whiteacre, leaving the land to Crader. Evans is called a remainderman.
True
Gottlieb owned a cottage lot which had frontage on a lake. He later granted a 30-metre wide right of way to Baxter, who had a lot behind his, to enable Baxter to reach the lakeshore to launch his power boat. The next year, Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months. When Gottlieb discovered the boat house a few months later, he hired a bulldozer, and pushed the boathouse off the land, and into the lake. The grant of the right of way is an estate in land.
False
Discuss the rights and duties associated with being the owner of land adjacent to a watercourse.
An owner of lands adjacent to a watercourse, or one who has land through which a natural stream flows either above or below the surface, is known as a riparian owner. At common law, a riparian owner has the right to take water for consumption or for use in commercial endeavours. That which is not consumed must be returned to the watercourse, and the amount consumed must be reasonable regarding the rights of downstream users to do the same. In the same light, the riparian owner cannot restrict the flow of water to downstream users, nor pond it across the lands of upstream riparian owners by damming. In terms of water quality, a riparian owner may not change it in any way at common law, however statute law permits certain levels of pollution to occur. Like adverse possession of land, it is possible to develop a prescriptive right to pollute, extinguishing the right of other owners to complain, but it must always be within the limits of public health, otherwise a criminal charge may result.
Green owned a cottage lot which had frontage on a lake. He later granted a 5-metre wide right of way to Brown who owned a lot behind Green's property, to enable Brown to reach the lake to launch his power boat. The following year, Brown built a boathouse on the 5-metre wide strip in which to store his boat in the winter months. When Green discovered the boathouse a few months later, he wrote to Brown and requested that it be removed. When Brown refused, Green hired a bulldozer and pushed the boathouse off the land and into the lake. Which of the following statements are not true?
A life estate may not be reserved by a vendor who sells land in fee simple.
Tammy sold a house to Andy for $200,000. Andy breached the contract. The market was falling, and Tammy was only able to sell the house, to another buyer, for $150,000. Tammy sued Andy. What will her remedy be?
Gottlieb owned a cottage lot which had frontage on a lake. He later granted a 30-metre wide right of way to Baxter, who had a lot behind his, to enable Baxter to reach the lakeshore to launch his power boat. The next year, Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months. When Gottlieb discovered the boat house a few months later, he hired a bulldozer, and pushed the boathouse off the land, and into the lake. The lot owned by Gottlieb is the servient tenement.
The death of one of two tenants-in-common vests ownership of the property in the other one.
The condominium corporation is responsible on its own for all of the following, except
The Crown ultimately holds all land in Canada and ownership by people is a mere form of tenancy.
An injunction is the most appropriate remedy in the breach of a restrictive covenant.
Which statements accurately reflect characteristics of the Registry System
Brady acquired a block of land in fee simple under a Crown Patent. He divided the block into two parcels: Whiteacre and Blackacre. He kept Whiteacre, but granted Blackacre to Drucker for life, then to Evans. Brady died possessed of Whiteacre, leaving the land to Crader. Drucker is not free to charge or dispose of any part of Blackacre without Evans' consent.
An estate in fee simple may not be sold by a person who holds a life estate.
The feudal notion of "escheat to the Crown" has no modern day counterpart.
The City of Calgary wants to construct a new rapid transit line on 17th Avenue. It requires more land along the road, so it enters into negotiations to purchase the land from the current owners. Some owners refuse to sell. What can it do to acquire the property?
Henry has completed his 21st year in possession of land under the Registry System which he does not "own." He comes to you for advice; he does not have a lease from the owner. His "interest," such as it is, most specifically, is better than ______________ and less than ____________.
To exit to the street, a third-floor condominium owner is most likely to have
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